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H4 EAD (H1 beyond 6 years)

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  • H4 EAD (H1 beyond 6 years)

    Hello Attorney Shah,
    I have a question regarding H4 EAD (H1 beyond 6 years)

    If the H1b spouse has met both the requirements (6+ years AND I-140), and lets say the H4 spouse already got his/her EAD card. Now if the H1b loses job in company A, but soon finds a job in company B (thus successfully maintaining the H1b status):

    1) Will the H4-EAD card become invalid if the company A revokes the I-140 and the company B does not apply for I-140?

    2) If company B applies for I-140, which will entail several months to be effective, will the H4 EAD be temporarily invalid?

    Thanks in advance

  • #2
    1. The question is not whether the ead stays is whether the h1b stays? If the i140 is revoked after the transfer, you probably can benefit from the h4 ead too. But if before the transfer then both fails the h1b and h4 by default.
    2. You already have a problem if 140 is revoked. So a new 140 can help only if done properly to renew the h1. And of course no h4 and no ead until then.
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    Last edited by shahpeerally; 03-11-2015, 10:45 AM.
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    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV.


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